Divorce often involves many strong emotions and this is why people may assume a divorce must always end in a trial. While it is true that emotions can cause divorce to be longer or costlier than it could be, most divorces settle out of court.
One of the best ways to reach a settlement is to participate in divorce mediation. Mediating your divorce is not required in Indiana, but you can choose to use it to try to resolve your divorce.
The mediator’s role
Mediation involves a meeting, or series of meetings, with a mediator who serves as a neutral third-party. A mediator does not take sides and has no power to order any specific outcome.
Their role is to offer suggestions and guidance, while allowing each spouse their chance to speak about what they want and why.
If you have questions about how a mediator is selected, the costs involved in mediation or the mediation process in general, the Indiana Rules for Alternative Dispute Resolution can provide helpful answers to your questions.
Advantages to mediation
There are many benefits to mediation. It is usually quicker and less costly than courtroom litigation. You and your spouse have more control over the process.
Spouses who used mediation are often happier with the outcome because they feel like they had a say in it. You are under no obligation to reach an agreement in mediation. If you do not agree on all issues, you still have the right to bring them before a judge.
A court may still have the final say
Although you are skipping the courtroom litigation process, a final resolution reached in mediation is still subject to Indiana’s divorce laws, meaning it must be fair to both parties.
This means that even if you want to give all marital property to your spouse and reach that agreement in mediation, a court could still nullify the agreement if it finds the terms are too unfair to one spouse.
No marriage is the same and mediation is not right for every case. Discussing your situation with someone you trust can help you decide if it is a good idea for you.
